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Sanitary Sewer Easement with Treehaven, LLC for Jayker's SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 0710210$ 12:45 PM DEPUTY Vicki Allen II I I I II II II I I II IIII I~ I II I I III I' I II ICI RECORDED-REQUEST OF 108076615 Cily of Meridian SANITARY SEWER EASEMENT THIS INDENTURE, made this~~ day of 0~ between Treehaven, LLC an Idaho limited liability company whose current address is 3 38 S. Bown Way, Boise, ID 83706, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewerright-of--way across the premises and property hereinafter particulazly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the azea described in this easement that was placed there in violation of this easement. Sewer Main Easement (4) EASMT SWR MAIN P~B~LO~ THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Treehaven, LLC l ~ Derick O'Neill, Manager STATE OF IDAHO ss County of Ada ) On this ~ 2 ~ ~~ day of ~ A , 20~, fore me, the undersigned, a Notary rublic in and for said State, pers nally append / v(t~ ~ `/I ~~ / ~ ~ known or identified to me to be the Manager of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist aboy~,yy~tten. • (SEAL) 3 .q ~oTARp ®o ~ ~Y a m • p U B I.ZG ,~ ~~ ~~ ~~~i~ ~~' Sewer Main Easement ~~~'rE, 0 F~ ~ ~ ~.•`'~ (4) OTARY UBLI OR IDAHO Residing at: /~lSLF ZlJ Commission Expires: U3 - l(1- ?,lJ !~ EASMT SWR MAIN Approved by Council on '. "'~~t~~rrr~ nNN` STATE OF IDAHO, County of Ada, ) ss. On this ~~~ day of ~l.a. t"1~ ,20~ before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and Jaycee Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •`~ ~ a~ SEAL : '~'A'""~A'' .,r~r~i ~c~4',~~ ~.~ `.~ ~~ otary Pu lic for Idaho '1 ~ Residing at: (~l~'~~ ~ lb • 1 ~ My Commission Expires: ~~-~ ~-~ 1 • ~ • • • •...• ~ 5 CITY OF MERIDIAN Project: 07002 Date: August 24, 2007 Page: 1 of 1 CITY OF MERIDIAN SANITARY SEWER AND UNITED WATER IDAHO EASEMENT A parcel of land situated in the northeast 1/< of the southeast 1/< of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the southeast corner of said Section 22, from which point, the south quarter comer of said section bears, N.89°17'35"W., 2647.29 feet; thence, along the east line of said section, A) N.00°20'38"E., 1734.77 feet to the POINT OF BEGINNING; thence, 1) N.89°39'48"W., 236.71 feet; thence, 2) N.07°14'41"W., 6.32 feet to the beginning of a tangent curve; thence, 3) Northeasterly along said curve to the right having a radius of 331.50 feet, an arc length of 145.44 feet, through a central angle of 25°08' 17", and a chord bearing and distance of N.OS°19'28"E., 144.28 feet to a point of reverse curvature; thence, 4) Northeasterly along said curve to the left having a radius of 200.00 feet, an arc length of 54.89 feet, through a central angle of 15°43'26", and a chord bearing and distance of N.10°01'53"E., 54.71 feet; thence, non-tangent from said curve, 5) 5.86°04'02"E., 62.68 feet to the beginning of anon-tangent curve; thence, 6) Southwesterly along said curve to the right having a radius of 262.50 feet, an arc length of 32.13 feet, through a central angle of 07°00'43, and a chord bearing and distance of 5.14°38'34"W., 32.11 feet; thence, tangent from said curve, 7) 5.18°08'56"W., 36.05 feet to the beginning of a tangent curve; thence, 8) Southwesterly along said curve to the left having a radius of 276.50 feet, an arc length of 105.97 feet, through a central angle of 21°57'30", and a chord bearing and distance of 5.07°10'11"W., 105.32 feet; thence, non-tangent from said curve, 9) S.89°39'47"E., 184.72 feet to a point on the easterly line of said section; thence, along said easterly line, 10) 5.00°20'38"W., 30.00 feet to the POINT OF BEGINNING. SAID PARCEL containing 0.39 acres, more or less. SUBJECT TO, all Covenants, Rights, Rights-of--Way, Easements of Record, and other Encumbrances. ~' EXHIBIT "B" attached, and by this reference made a part hereof. C:\!RR~070021Exh SS-H20 Ease.doc P~g~. EXHIBIT "B" A PARCEL OF LAND SITUATED IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. 2008 23 22~ 0 LINE TABLE L-3 ~ LINE BEARING DISTANCE C-2- -C-3 °~ L-1 N89'39'48"W 236.71 -L-4 L-2 NOT 14'41 "W 6.32 ~ L-3 S86'04'02"E 62.68 v ~ 1 L-4 S18'08'S6"W 36.05 v L-5 ~ L-5 S89'39'47"E 184.72 L-2 'L-6-- _ POB L-6 S00'20'38"W 30.00 L-1 !) I CURVE TABLE CURVE RADIUS LENGTH DELTA BEARING LENGTH C-1 331.50 145.44 25'08' 16" N05' 19'28"E 144.28 ~.I C-2 200.00 54.89 15'43'25" N10'01'53"E 54.71 ~ C-3 262.50 32.13 7'00'43" S14'38'34"W 32.11 ~ ~ ~ Z ~ O C-4 276.50 105.97 21'57'30" S07' 10' 1 1 "yy 105.32 ( ~' ~ ~ o ~ ~ y~ N N (~ O .~ N89°18'37"W 1291.72 _ ~ ~ ~ i` (N89°18'19"W 1291.76) ~ ~o~o o Z a o ,._, ~ I o o ~ `° WESTWING ESTATES ~ °o v a ~ BK 70 PG 7200-7201 z ~ ~~p~ LqN~ G v ~ O 8022 `'~, 5'22 _U~o OF, qTF 0 F ~~P P~ ISSN D. gR~~ 22 N89°17'35"W 22~2~3 2647.29 27 26 27 0 100 200 400 600 BROKAW SURVEYING & MAPPING L.L.C. 11056 LONE STAR ROAD NAMPA, /DAHO 83651 (208) 249-0479 E-FILE:Exh_SS-H20 Eose.dwg DATE:8-24-07 J06:07002 ^f Meridian City Council June 17, 2008 Page 3 of 55 13, there is a request to continue that until July 22nd. And on Item 16, the proposed ordinance number is 08-1369. Item 17, the proposed ordinance number is 08-1370. And with those modifications, I move that we adopt the agenda. Bird: Second. De Weerd: Okay. I have motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of June 3, 2008 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 08- 003 Request for Annexation and Zoning of 12.06 acres from RUT to R-40 (10.56 acres) and C-C (1.15 acres) zones for Rectency at River Vallev (REVISED) by Mason & Stanfield - 2500 North Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: CUP 08-004 Request for Conditional Use Permit for amulti-family development in a proposed R-40 zoning district for Regencv at River Vallev by Mason & Stanfield - 2500 North Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: VAR 08-002 Request for Variance to UDC Table 11-3C-6 for a reduction in the number of parking spaces required for multi-family dwellings in covered carports or garages for Regencv at River Vallev by Mason & Stanfield - 2500 North Eagle Road: E. Findings of Fact and Conclusions of Law for Approval: VAR 08-004 Request fora Variance to UDC 11-3H-4B.2.a, which prohibits new approaches directly accessing a state highway to allow a temporary access to SH 55/Eagle Road for Great Wall Restaurant by Kinsan Chan - 2590 North Eagle Road: F. Sewer Easement Agreement for Jayker's Subdivision by Treehaven, LLC: G. Request for Easement Relinquishment for SEC Marketplace No. 1 by Public Works Department: H. Change Order No. 12 for .North Black Cat Trunk Sewer with Brown Construction. Inc. for $12,534.00: Meridian City Council June 17, 2008 Page 4 of 55 I. Sanitary Sewer and Water Main Easement Agreement for Woodland Sarings: J. Sanitary Sewer and Water Main Easement Agreement for Southeast Corner Marketalace No. 2: K. Agreement supporting Community Development Block Grant (CDBG) Economic Develoament/Slum & Blight Project: L. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04- III-01-SR for Repair, Re-Stripe, Re-Design of Parking Lots and Spaces for Meridian Senior Center by Henry Boswell Paving for $6,782.82: M. New Liauor License for Brian Wetzel dba Gelato Cafe located at 2053 East Fairview Suite 101: N. Transfer of Owner for Beer License from Gelato Cafe. LLC to Brian Wetzel: O. Right of Way Easement Agreement (Traffic Signals) with Ada County Highway District for Meridian Fire Station No. 5: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Noting that item 5-P has been removed from the Consent Agenda, I move that we adopt the Consent Agenda and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve Consent Agenda with the change. If there is no discussion, Madam Clark. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Mayors Office: